Professional Documents
Culture Documents
Zimbabwes Draft Computer Crime and Cybercrime Bill Laymans Draft July 2013 PDF
Zimbabwes Draft Computer Crime and Cybercrime Bill Laymans Draft July 2013 PDF
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section Title
1. Short Title and commencement
2. Application
3. Interpretation
PART II
Offences
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
Aggravating Circumstances
Illegal Access
Illegal Remaining
Illegal interception
Illegal Data Interface
Data Espionage
Illegal System Interference
Illegal Devices
Computer-related Forgery
Computer-related Fraud
Child Pornography
Pornography
Identity-related crimes
Racist and Xenophobic material
Racist and Xenophobic Motivated Insult
Genocide and Crimes Against Humanity
SPAM
Disclosure of details of an investigation
Failure to permit assistance
Harassment utilizing means of electronic communication
Violation of Intellectual Property rights
Attempt, Abetment and Conspiracy
PART III
JURISDICTION
26. Jurisdiction
27. Extradition
PART IV
ELECTRONIC EVIDENCE
28. Admissibility of Electronic Evidence
PART V
PROCEDURAL LAW
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
No Monitoring Obligation
Access Provider
Hosting Provider
Caching Provider
Hyperlinks Provider
Search Engine Provider
PART VII
GENERAL PROVISIONS
43.
44.
45.
46.
47.
48.
49.
Limitation of Liability
Forfeiture of Assets
General Provision on Cybercrimes
Regulations
Offence by body corporate or Un-incorporate
Prosecutions
Compounding of Offences
PART VIII
CONSEQUENTIAL AMENDMENTS AND SAVINGS
50. Construction
51. Amendment of Section 88
SCHEDULE
Correspondence of References to Crimes in Code or other Enactments to Provisions of Computer
Crime and Cybercrime Act Defining such Crimes
A Bill for An Act to criminalize offences against computers and network related crime; to
consolidate the criminal law on computer crime and network crime; to provide for
investigation and collection of evidence for computer and network related crime; to provide
for the admission of electronic evidence for such offences, and to provide for matters
connected with or incidental to the foregoing.
[Date of Commencement: .......]
Enacted by the Parliament of Zimbabwe
PART I.
PRELIMINARY PROVISIONS
1. This Act may be cited as the Computer Crime and Cybercrime Act,
Chapter ... : ... .
Short Title
Application
2.
Interpretation 3.
Child shall mean any person under the age of eighteen (18) years;
Child pornography means pornographic material that depicts presents or
represents:
(a) a child engaged in sexually explicit conduct;
(b) a person appearing to be a child engaged in sexually explicit
conduct; or
Computer system or information system means a device or a group of
inter-connected or related devices, one or more of which, pursuant to a
program, performs automatic processing of data or any other function;
Computer data means any representation of facts, concepts, information
(being either texts, audio, video or images) machine-readable code or
instructions, in a form suitable for processing in a computer system,
including a program suitable to cause a computer system to perform a
function;
Computer data storage medium means any article or material (for
example, a disk) from which information is capable of being reproduced,
with or without the aid of any other article or device;
Critical infrastructure means computer systems, devices, networks,
computer programs, computer data, so vital to the country that the
incapacity or destruction of or interference with such systems and assets
would have a debilitating impact on security, national or economic
security, national public health and safety, or to essential services
discs, tapes;
(c) input devices such as keyboards, mouse, track pad, scanner, digital
cameras;
(d) output devices such as printer, screens.
Seize includes:
(a) activating any onsite computer system and computer data storage
media;
(b) making and retaining a copy of computer data, including by using
onsite equipment;
(c) maintaining the integrity of the relevant stored computer data;
(d) rendering inaccessible, or removing, computer data in the
accessed computer system;
(e) taking a printout of output of computer data; or
(f) seize or similarly secure a computer system or part of it or a
computer-data storage medium.
Traffic data means computer data that:
(a) relates to a communication by means of a computer system; and
(b) is generated by a computer system that is part of the chain of
communication ; and
(c) shows the communications origin, destination, route, time, date,
size, duration or the type of underlying services.
Thing includes but is not limited to:
(a) a computer system or part of a computer system;
(b) another computer system, if:
(i) computer data from that computer system is available to the
first computer system being searched; and
(ii) there are reasonable grounds for believing that the computer
data sought is stored in the other computer system;
(c) a computer data storage medium.
Utilise shall include
(a) developing of a remote forensic tool;
(b) adopting of a remote forensic tool; and
(c) purchasing of a remote forensic tool.
(2) A reference in this Act or any other enactment to any of the offences
mentioned in the first column of the Schedule shall be construed as
referring to those offences as defined in the provisions of this Act
mentioned opposite thereto in the second column.
PART II
OFFENCES
Aggravating
circumstance
s Sections 5,
7, 8, 10 and
11
5.
Illegal Access
Illegal
Remaining
6.
[amount], or both.
Illegal
Interception
7.
Illegal Data
Interference
8.
9.
Data
Espionage
10.
Illegal
System
Interference
11.
12.
Computerrelated
Forgery
exceeding[amount] or both.
Computerrelated Fraud
13.
14.
Child
Pornography
Pornography
16.
Identityrelated crimes
Racist and
Xenophobic
Material
17.
Racist and
Xenophobic
Motivated
18.
Insult
Denial of
Genocide and
Crimes
Against
Humanity
20.
SPAM
Disclosure of
21.
details of an
investigation
Failure
to
permit
22.
assistance
Harassment
utilizing
means of
electronic
communicati
on
23.
Violation of
intellectual
24.
property
rights
Attempt
25.
Abetment and
Conspiracy
(1) A person other than the suspect who intentionally fails without lawful
excuse or justification or in excess of a lawful excuse or justification to
permit or assist a person based on an order as specified by sections 30 to 32
commits an offence punishable, on conviction, by imprisonment for a
period not exceeding[period], or a fine not exceeding [amount], or both.
(1)A person, who intentionally without lawful excuse or justification or in
excess of a lawful excuse or justification initiates any electronic
communication, with the intent to coerce, intimidate, harass, or cause
substantial emotional distress to a person, using a computer system to
support severe, repeated, and hostile behaviour, commits an offence
punishable, on conviction, by imprisonment for a period not exceeding five
year, or a fine not exceeding level ten, or both.
Any person who uses any computer system or to violate any intellectual
property rights protected under any law or treaty applicable to intellectual
property rights in Zimbabwe, commits an offence under this Act and shall
be liable and upon conviction, in addition to any penalty or relief provided
under the intellectual property law in question, to a fine of not less than
[amount] or imprisonment for a term of not more than [period] or to both
such fine and imprisonment.
(1) Any person who:
(a) attempts to commit any offence under this Act; or
(b) aids, abets or does any act preparatory to or in furtherance
of the commission of an offence under this Act; or
(c)
conspires with another to commit any offence under
this Act,
commits an offence and shall be liable on conviction to the
punishment provided for such an offence under this Act.
(2) For the purposes of this section, "attempt" shall have the meaning
ascribed to it under the [penal code].
PART III
JURISDICTION
Jurisdiction
Extradition
27. Any offence under the provisions of this Act shall be considered to be
an extraditable crime for which extradition may be granted or
obtained under the Extradition Act Chapter 9:08.
PART IV
ELECTRONIC EVIDENCE
Admissibility 28.
of Electronic
Evidence
(1) In proceedings for an offence against a law of Zimbabwe, the fact that
evidence has been generated from a computer system shall not by itself
prevent that evidence from being admissible.
(2) The provisions of the [Electronic Transactions and Communication Act
Chapter : ] shall apply to this Part.
PART V
PROCEDURAL LAW
Search and
Seizure
29.
Assistance
30.
from an obligation to follow such order, but who has knowledge about the
functioning of the computer system or measures applied to protect the
computer data therein that is the subject of a search under section 28 must
permit, and assist if reasonably required and requested by the person
authorized to make the search by:
(a) providing information that enables the undertaking of measures
referred to in section 28;
(b) accessing and using a computer system or computer data storage
medium to search any computer data available to or in the
system;
(c) obtaining and copying such computer data;
(d) using equipment to make copies; and
(e) obtaining an intelligible output from a computer system in such a
format that is admissible for the purpose of legal proceedings.
(f) (f) A person who, without lawful excuse or justification, refuses
or fails to assist when called upon to do so shall be guilty of an
offence and liable to a fine not exceeding level four or to
imprisonment for a period not exceeding three months or to both
such fine and such imprisonment
Production
Order
31.
Expedited
preservatio
n
32.
Partial
Disclosure
of traffic
data
33.
34.
Interceptio
-n of
content
data
35.
36.
Forensic Tool
PART VI
LIABILITY
When providing the services under this Part No
Monitoring
Obligation
37.
Access
Provider
38.
(1) An access provider shall not be criminally liable for providing access
and transmitting information on condition that the provider:
(a) does not initiate the transmission;
(b) does not select the receiver of the transmission; or
(c) does not select or modify the information contained in the
transmission.
(2) The acts of transmission and of provision of access referred to in
paragraph 1 include the automatic, intermediate and transient storage of
the information transmitted in so far as this takes place for the sole
purpose of carrying out the transmission in the communication network,
and provided that the information is not stored for any period longer than
is reasonably necessary for the transmission.
(3) An access provider who violates the conditions set out in paragraphs
(1) and (2) commits an offence and shall be liable to a fine not exceeding
level eight or imprisonment for a period of two years or both such fine
and imprisonment.
Hosting
Provider
39.
(1) A hosting provider shall not be criminally liable for the information
stored at the request of a user of the service, on condition that:
(a) the hosting provider expeditiously removes or disables access to the
information after receiving an order from any public authority or court of
law to remove specific illegal information stored; or
(b) the hosting provider, upon obtaining knowledge or awareness about
specific illegal information stored by other ways than an order from a
40.
41.
Hyperlinks
Provider
Search
Engine
Provider
42.
Limitation of 43.
Liability
Neither the state nor the Minister the Authority nor any public officer or
employee shall be liable in respect of the performance of any act or any
omission where such act or omission was done in good faith and without
gross negligence in accordance with the provisions of this Act.
Forfeiture of 44.
Assets
45.
General
Provision on
Cybercrimes
Regulations
46.
Except as provided for in this Act, any offence under any Act which is
committed in whole or in part by use of a computer, electronic device or
in electronic form is deemed to have been committed under that Act and
the provisions of that Act shall apply with the necessary modification to
the person who commits the offence.
(1)The Minister may, in consultation with the Authority and on the
advice of the Attorney General make regulations regarding any matter
which by this Act is required or permitted to be prescribed or which is
necessary or expedient to be prescribed for carrying out or giving effect
to the provisions of this Act and may include regulations on(a) interception of computer data communication including but not
limited to the security, functional and technical requirements for
interception;
(b) the declaration of critical information infrastructure, including but not
limited to the identification, securing the integrity and authenticity of,
registration, and other procedures relating to critical information
infrastructure
(c) the liability of access providers which regulations may include the
security, functional and technical requirements for the purposes of Part
VI of this Act.
(2) The Authority may, with the approval of the Minister, issue such
guidelines as may be required for the carrying out of the provisions of
this Act as it relates to its functions under this Act.
Offence
by 47.
body
corporate or
unincorporate
body; and
(2) knowingly authorised or permitted the act or omission
constituting the offence;
shall be deemed to have committed the same offence and may be
proceeded against and punished accordingly.
Prosecutions
48.
Compounding 49.
of Offences
PART VIII
CONSEQUENTIAL AMENDMENTS
(a) AMENDMENT OF POSTAL AND
TELECOMMUNICATIONS ACT, CHAPTER 12:05
Construction
Chapter 12:05 50.
Amendment
of Section 88
51.
This Part shall be read as one with the Postal and Telecommunications
Act, Number 4 of 2012 hereinafter referred to as the principal Act
PART IX
(b) AMENDMENT OF CRIMINAL LAW(CODIFICATION
AND REFORM) ACT CHAPTER 9:23
Construction
Criminal
This Part shall be read as one with the Criminal Law (Codification And
52.
Code
principal Act
Amendment
Section 163, 53.
164,
165,
166, 167, and
168 Criminal
Code
Provision in Computer
Crime and Cybercrime Act defining it
Section 14
Section 14
Section 3
Section 4
Section 23
Section 22
Section 9
Aggravating circumstances
in relation to crimes under sections 163, 164 and 165
Section 4
Section 16
Section 16
___________________________________